I call Deputy O'Dea.

The Taoiseach should say that to the Health Service Executive.

I have called Deputy O'Dea.

Following the Taoiseach's apology this morning which I appreciate, he is aware that there were two requirements to qualify for the ex gratia scheme for people who were sexually abused in primary schools. One was the prior complaint element, which has now been exploded as a result of Mr. Justice Iarfhlaith O'Neill's recent declaration. The other was the requirement for a person to have initiated legal proceedings within the time set by the Statute of Limitations, even if they were subsequently withdrawn. Is it the Government's intention to leave the second requirement in place?

Who advised the Government that a prior complaint should be required to access compensation for historical child sexual abuse that took place in schools based on the interpretation of the judgment in the Louise O'Keeffe case? This condition was clearly designed to block survivors from accessing the redress they deserved and I want to know who came up with that incorrect criterion. I welcome the Taoiseach's comments earlier when he said he would not fail them a third time. Will he confirm that he will remove the need for a prior complaint in these cases?

The requirement for a prior complaint will be removed. We will have to examine the other matter. I am not an expert in the area, but I believe it relates to a Supreme Court judgment from 2008 which differs from a European Court of Human Rights judgment in 2014 or 2015. That is why I have asked officials from the Department of Education and Skills and the Office of the Attorney General to come together to formulate options for the Government to consider. In response to Deputy Quinlivan, I do not know for sure who gave the advice. As the scheme was drawn up in 2015, I imagine it would have been officials from the Department of Education and Skills, the Minister for Education and Skills and the Attorney General at the time.